STEINBERG v. D. WALDNER CO., INC.


305 A.D.2d 492 (2003)

758 N.Y.S.2d 827

ELLYN STEINBERG et al., Respondents, v. D. WALDNER CO., INC., et al., Appellants, et al., Defendant. (And Two Third-Party Actions.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 12, 2003.


Ordered that the order is reversed insofar as separately appealed from, on the law, with one bill of costs, the cross motions are granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendant is severed.

The plaintiffs commenced this action to recover damages for injuries sustained by the plaintiff Ellyn Steinberg on December 11, 1992, when the top drawer of a three-drawer lateral file cabinet detached...

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